Civil case

In a lawsuit against an attorney, law firm and the firm’s insurer, the Indiana Court of Appeals was divided in its ruling
over whether the trial court correctly granted the insurer’s motion for judgment on the pleadings.

Even though the trial court said its order regarding a petition to set aside a family settlement agreement was final and appealable,
it was not, so the Indiana Court of Appeals dismissed an appeal sua sponte.

In a dispute over which mortgage has priority in a foreclosure action, the Indiana Court of Appeals affirmed summary judgment
for the senior mortgage holder. The judges found the doctrine of equitable subrogation applies.

A company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from
a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.

The 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases
involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was
imposing the sanction he did, so the 7th Circuit vacated the sanction.

The Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case
because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in
court was too harsh.

The Indiana Court of Appeals has ruled that federal law and housing regulations require that deeds in lieu of foreclosure
release the borrower from any mortgage obligation, and the mortgage company issuing an agreement can use that federal language
in the contract.

The Indiana Court of Appeals has a simple message for litigants: if you are filing anything by certified mail, make sure to
put enough postage on your paperwork. Otherwise, don’t expect to use that insufficient postage as an excuse to get around
trial rules and court deadlines.

The Indiana Court of Appeals granted the former Clark County surveyor’s request for a rehearing on its decision regarding
his involvement in two county projects, but found his assertions on rehearing are without merit.

A trial court did not err when it found in favor of a homeowner on his breach of contract claim against the contractor he
hired to repair his clay tile roof following a storm, the Indiana Court of Appeals concluded.

Even though a restoration company’s contract with a homeowner did not satisfy the requirements of the Home Improvement
Contracts Act, that did not automatically render the contract void, the Indiana Court of Appeals ruled. The judges reversed
judgment in favor of the homeowner and ordered he pay the company for the work it performed.

The Indiana Court of Appeals has upheld summary judgment for a bank in its attempt to repossess a motorcycle, finding that
while the purchasers of the motorcycle had an interest in it, their interest was not superior to the bank’s perfect
security interest.

The Indiana Supreme Court has affirmed the outcome of a case between Family and Social Services Administration and a decertified
intermediate care facility, in which the net result was a wash for both sides.

The Indiana Court of Appeals recently issued an opinion that answered some complicated questions about the point at which
one person assumes a “duty” to another. But the panel did not reach a consensus, with one judge writing that the
majority opinion could have a negative impact on public policy.

The Indiana Court of Appeals has ruled that a Henry Circuit judge correctly dismissed a union’s complaint about a manufacturing
plant closure more than two decades ago, finding that the union failed to prosecute the case for 18 years and that was an
adequate basis for dismissal.